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OTORITAS DALAM PERKAWINAN MUSLIM (DINAMIKA PRAKTEK KAWIN SIRRI DI MASYARAKAT PEKOREN, REMBANG, PASURUAN)
For Muslims, marriage should follow both Islamic law and state law. Some of them, however, take Islamic law but leave the state law behind. While kyai holds the authority of Islamic law and assures that all religious marriage requirements are in existence, penghulu – a religion ministry representative to witness and record a marriage – has the one of the state’s matters. When a couple finds it impossible to register their marriage with the state law – represented by local Religion Affairs Office (KUA), they go to religious law for solution despite the potential legal problems in the future because of the absence of the certificate. This study aims to elucidate the followings: first, what types of unregistered marriage are there in Pekoren society? Second, to what extent is the shift of role and motif from unregistered-marriage doers in Pekoren society? Third, why does Pekoren society move away from registering their marriage? To explicate this unusual practice, a law authority theory of Khaled Abu el-Fadel, which distinguishes the authority in being from the authority on being to describe the authority of kyai and penghulu, was employed. Social action theory of Max Weber and voluntary theory of Talcott Parson were also used to describe the role of actors involved in such marriage. Applying sociolegal approach, this research focused on marriage law and took cases of unregistered marriage practiced by Pekoren people. Data were collected through interviews with a number of informants, direct onsite observation and documentation. The study drew some points. First, there are three types of unregistered marriage practiced by Pekoren people: underage couples, elderly widow-widower couples, and out-of-Rembang couples. Under the religious values they believe and the rational considerations, the Kyai serves as the akid during the wedding ceremony. Second, the people, who involved in the ceremony, are the bride, the groom, the custodian, the witnesses, and the matchmaker. Upon the couple’s request and theological motif, kyai serving as the akid is meant to be spared the adulterous sin. The matchmaker is responsible for the brideto- be availability, the wedding ceremony arrangement, and the kyai or ustadz readiness. The negotiation between the groom-to-be and the matchmaker determines whether or not the process should go on. Three, there are three underlying reasons behind the shift of Pekorenians’ perception of registering marriage. First, the local government’s unregistered-marriage prohibition and its punishment. Second, the society’s better awareness on registration. They perceive marriage registration to be positive, and prefer KUA penghulu to kyai. Third, the weakening role of kyai in the religious law on-being authority. The role of kyai in this respect has increasingly been replaced by KUA penghulu because of the possible negative impacts of unregistered marriage. It shows that the perception of state law is in increase but a decrease in religious law.
PASCASARJANA, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 18300016027 Muhammad Harir Muzakki
OTORITAS DALAM PERKAWINAN MUSLIM (DINAMIKA PRAKTEK KAWIN SIRRI DI MASYARAKAT PEKOREN, REMBANG, PASURUAN) (Text)
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